Storage Tank Standby Trust Fund Agreement

Form 62-761.900(3) Part H

Other Forms Needed, Examples, and Links

• Form Part B, E, F, K or L and P will always accompany a Standby Trust Fund.
• Certification of acknowledgment, Schedules A and B are required parts of the Standby Trust Fund.
• Example Facility/Tank Schedule
• Example Certificate of Valid Claim
• Links to Outside Agencies - for verifications (Sunbiz, FDIC)

Trust Fund Specific Guidance

• The Trustee name must match (including punctuation and abbreviations) the legal entity name. Use of fictitious or trademark names is not appropriate. This can often be verified on the FDIC website.
• The Trustee entering into this agreement must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. This can usually be verified on the FDIC website - be sure to choose "Trust Powers Granted" in “Common Searches”. 
• Amendments to the Agreement (such as revised facility lists) must be kept with the Agreement.
• Signatory for the Grantor (owner or operator) should be the president of a corporation, managing member of an LLC, or equivalent for entity type.
  • If the name of the president (or equivalent) is not found on the Florida Division of Corporations website (Sunbiz.org), or if anyone else signs, additional documentation will be required. See the Delegation of Authority Letter for more specific requirements. The signatory's title must match the title as given on the Sunbiz.org web site or other documentation.

What to Do with Completed Forms

• An owner or operator must maintain financial responsibility records (the completed form parts with required supporting documentation) at the facility or at their business office.
• If not kept at the facility, they shall be made available at the facility or another agreed upon location upon five business days notice by a department or county inspector.

Return to the Storage Tank Financial Assurance Forms (Mechanisms) webpage.